Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/ARRIEL/30
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2009-0010R1 issued on 26 January 2011.
AD/JT8D/38 Amdt 2
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive which referred to FAA AD 2005-25-05 have been superseded by FAA AD 2011-03-01, effective 4 March 2011.
Consultation
No consultation with the Australian public has taken place on these AD cancellations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 002/11]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. These ADs are considered legislative instruments and are subject to disallowance by Parliament. The Civil Aviation Act 1988 was introduced to address the need for a comprehensive and legally binding framework to oversee the safety and regulation of civil aviation in Australia, aligning with international standards set by the Convention on International Civil Aviation.
The revocation of specific ADs under this Act, as seen in the explanatory statement for F2011L00180, aims to ensure that Australian aviation safety standards remain current and effective by updating or withdrawing outdated or superseded directives. This process is carried out by CASA, reflecting the policy objective of maintaining the highest standards of airworthiness and safety in accordance with international obligations and best practices. The enactment of these regulations by the relevant authority ensures that the safety and regulatory frameworks remain robust and responsive to the evolving landscape of civil aviation.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide the framework for the regulation of airworthiness directives (ADs) under the Civil Aviation Act 1988, with the primary aim of ensuring the safety of air navigation in Australia. These regulations apply to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance service providers, as well as to individual aircraft and aeronautical products that are registered in Australia. The regulations are administered by the Civil Aviation Safety Authority (CASA), which is responsible for issuing ADs in accordance with the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments subject to disallowance, and they represent the continuing airworthiness information necessary to ensure the safe operation of aircraft. ADs issued by the State of Design on or after 1 October 2009 are specifically defined under Part 39.001A of the Civil Aviation Safety Regulations, and any ADs that have been superseded by more recent directives are revoked accordingly. The revocation of these ADs is an administrative process carried out by CASA, and it does not involve public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Regulations 1988, specifically under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, detailed under subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs are significant. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry to ensure the continuing airworthiness of aircraft types. The State of Registry, in turn, is tasked with developing or adopting requirements to maintain the airworthiness of aircraft within their jurisdiction. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with airworthiness directives can lead to severe consequences. The Civil Aviation Safety Regulations 1998 and associated ADs are enforced to maintain the highest safety standards. Breaches of these regulations can result in significant penalties. Under section 128 of the Civil Aviation Act 1988, individuals and corporations found in breach of airworthiness directives may face civil penalties, including fines up to $330,000 for individuals and $1.65 million for corporations. In addition, criminal penalties may apply, with potential imprisonment for up to two years for individuals and fines up to $165,000 for corporations. These stringent measures underscore the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.